Court pulls up Jail Supdt. for transfer of undertrial

A Delhi court has pulled up a Tihar Jail Superintendent for transferring an undertrial to a court in Chennai without its prior permission, and issued him a show cause notice for his “lack of supervision”.

“It is lack of supervision on the part of Superintendent, which is visible from his reply itself. He was not authorised to transfer the accused, who was in custody of this court, to any other court outside Delhi, without the permission of this court,” Additional Sessions Judge A K Kuhar said.

The court’s observation came after it was brought to its notice that an accused Somnath, facing trial in a Narcotic Drugs and Psychotropic Substances (NDPS) Act case, was transferred and produced before a court in Chennai in another case without prior permission of magisterial or sessions court here.

The court also asked the superintendent to appear before it on the next date of hearing on August 5.

“Let a show cause notice be issued to the Superintendent, Central Jail No. 1, Tihar, why suitable action as per law be not taken against him and a notice for personal appearance be issued for the next date of hearing,” the judge said.

The court directed that a production warrant be issued addressing the Superintendent, district jail, Puzhal, Chennai and a letter of request be also given to the Chennai court to permit Somnath to be produced before this court on the next date “as on account of non-appearance of accused, the trial would get delayed”.

The court directed that the production warrants of accused Somnath were sent to Tihar Jail superintendent and as per his report, without taking any permission from the magisterial court, the accused Somnath has been sent for production before a court at Chennai.

“The superintendent considered this omission as simply an oversight without even showing in the reply, if any action has been taken against the erring official,” it said.

Somnath is facing trial in a drugs case along with two co-accused –Rajesh Sharma, who is in judicial custody and Surender, who is on bail.